Bhupendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19078 of 2020 Arising Out of PS. Case No.-98 Year-2019 Thana- MAHISHI District- Saharsa ====================================================== Bhupendra Yadav, Male aged about 62 years, son of Late Sukhadev Yadav, resident of village- Mangrouni, P.S.- Mahishi, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Mahishi P.S. Case No. 98 of 2019 registered for the offences punishable under Sections 341, 342, 302, 120(b) of the Indian Penal Code and Section 27 of the Arms Act.

One First Information Report was registered on the basis of one fardbeyan of Jugesh Ray son of Ram Pravesh Ray, resident of village Mangrauni, P.S. Mahishi, District Saharsa recorded by HP Singh, SHO Mahishi, District- Saharsa on 05.06.2019 in which it was stated that the informant went to tractor parts at Baluwaha Bajar along with his brother Rupesh Kumar at about 06:00 A.M. morning and the informant was returning home after purchasing parts of tractor. It was stated that the brother of the informant was riding the vehicle while

Patna High Court CR. MISC. No.19078 of 2020(3) dt.09-07-2020 2/3 two motorcycles were chasing to the informant from Bauwaha Bajar itself upon which one was driving by Ajay Yadav, son of Mahendra Yadav and Santosh Yadav, son of Jogi Yadav and on another vehicle was being ridded by Lalan Yadav, son of Sukhdeo Yadav and Rakesh Yadav @ Lal, son of Basudeo Yadav, all resident of village Mangrauni, District- Saharsa surrounded the informant and unseated him from the motorcycle. It was further alleged that Bhupendra Yadav is contractor and used to say that no body will damage him and used to threaten to kill them for which earlier case was registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 24.02.2020 and he further submits that similarly situated co-accused Lalan Yadav and Rakesh Yadav have been granted bail by this Co-ordinate Bench of this Court passed in Cr. Misc. No.5803 of 2020.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail

Patna High Court CR. MISC. No.19078 of 2020(3) dt.09-07-2020 3/3 bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate at Saharsa in connection with Mahishi P.S. Case No. 98 of 2019.

(Anjani Kumar Sharan, J) Nasimul/- U T